[Direct answer]In the Beijing area, whether a claim can be made depends on whether the claim is raised within the agreed inspection period or the statutory period, and whether the defects are visible or hidden. According to Articles 620 and 621 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the parties have not agreed on an inspection period, the buyer shall notify the seller within a reasonable period after discovering or should have discovered that the quantity or quality does not conform to the agreement; if no notification is made within a reasonable period, or within two years from the date of receipt of the subject matter, it shall be deemed to conform to the agreement, unless the subject matter has a quality guarantee period. According to Article 622, if the agreed inspection period is too short and it is difficult to complete a comprehensive inspection, the period shall only be deemed as the period for raising objections to the appearance of the subject matter, and hidden defects shall not be subject to this period. Therefore, if hidden defects are discovered after the expiration of the objection period and there is a quality guarantee period, a claim can still be made; if no objections are raised within the time limit for simple appearance defects, it will be more difficult to make a claim.

I. Problem Background and Typical Scenarios

During the performance of sales and contracting transactions, if the buyer fails to inspect the goods promptly after receipt or raise objections within the agreed time limit, the seller often refuses to assume responsibility on the grounds that the objection period has passed. Typical scenarios include: the equipment arrives with an intact appearance but internal defects; the seller delivers the goods in batches, with only the first batch being inspected, and the subsequent batches not being inspected promptly; the buyer's internal quality inspection cycle is longer than the objection period stipulated in the contract; the contract stipulates that objections must be raised within seven days after receipt; and signing receipts with delivery notes and confirmation forms is regarded as accepting the goods as qualified. When handling such disputes in Beijing, the court distinguishes between visible defects and hidden defects, and reviews whether the inspection period agreed upon by the parties is sufficient to complete a comprehensive inspection.

II. Key points of contention

First, the application order of the agreed inspection period and the statutory reasonable period. Second, the criteria for distinguishing between visible defects and hidden defects. Third, the relationship between the two-year notification period and the quality assurance period. Fourth, whether signing the delivery note is equivalent to passing the acceptance inspection. Fifth, the consequences of raising objections after the deadline and its exceptions. Sixth, the allocation of the burden of proof for quality non-compliance with the agreement.

III. Professional analysis by Henglue Lawyers

Based on Henglue Lawyer's practical experience in handling contract dispute cases, such issues typically revolve around three points. First, the application of the inspection period: If the contract stipulates an inspection period, the buyer shall inspect and notify within that period; if not stipulated, the buyer shall notify within a reasonable period after discovering or should have discovered the non-compliance with the contract, subject to the limitation that the notification must be made within two years from the date of receipt of the subject matter, unless the subject matter is subject to a warranty period, in which case the warranty period applies instead of the two-year period. Second, the distinction between defects: If the stipulated inspection period is too short, that period shall only be deemed as the period for raising objections to the appearance of the subject matter. Hidden defects can only be detected through professional testing or after use, and are not subject to this time limit. Third, evidence and remedies: To claim that the quality does not comply with the contract, the buyer shall provide evidence such as inspection reports, correspondence, and usage records; if the seller claims that the objection period has passed, the seller shall provide evidence of the agreed period and the buyer's failure to notify on time. In practice, the earlier the buyer raises objections in writing and preserves evidence more comprehensively, the more conducive it is to subsequent claims.

IV. Practical suggestions and legal basis

Action list: First, inspect the goods as soon as possible after receipt and provide written feedback on the results within the agreed timeframe; Second, arrange a comprehensive inspection of the subject matter that requires installation, debugging, or professional testing within a reasonable period; Third, immediately notify the seller in writing and retain the delivery receipt upon discovering defects; Fourth, preserve the inspection reports, correspondence, and usage records; Fifth, in the case of hidden defects, promptly commission a qualified institution to appraise and issue a report; Sixth, if no agreement can be reached, promptly initiate litigation or apply for arbitration. For disputes involving contracts such as sales and contracting, the parties may refer to the relevant provisions for resolution.Business and contract disputes in enterprises; Those related to the quality standards of goods and the acceptance of projects can be combined togetherProperty transactions and construction projectsColumn; for reference, it involves the recovery and enforcement of fundsCreditor's rights and debts, and enforcement; Cases involving quality technical disputes and appraisals can be combined together.Intellectual property and corporate consultantsLegal basis: Articles 620, 621, 622, and 623 of the Civil Code of the People's Republic of China (effective January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the expiration of the objection period does not mean that remedies are completely lost. Hidden defects and the quality assurance period are important exceptions. Secondly, written objections and delivery receipts are prerequisites for claims, and verbal feedback is difficult to prove. Thirdly, signing the delivery note may be regarded as acceptance of the apparent defects, and abnormalities should be recorded simultaneously during receipt. Fourthly, inspections and appraisals should be initiated as soon as possible to avoid the loss of evidence. If you are facing similar problems, you can contact us for assistance.Business and contract disputes in enterprisesWe can provide a comprehensive solution for services, which includes the acceptance of engineering projects.Property transactions and construction projectsFor plates involving the recovery of funds, you can refer to the following for more information.Creditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: Can I still claim quality issues after the agreed-upon objection period has passed?

It depends on the type of defects. According to Article 621 of the Civil Code of the People's Republic of China, if no objections are raised within the agreed inspection period, the appearance defects are generally deemed to be in accordance with the agreement; but according to Article 622, if the agreed inspection period is too short and it is difficult to complete a comprehensive inspection, the period shall only be regarded as the objection period for appearance defects, and the hidden defects shall not be limited by it and can still be claimed. If the subject matter has a quality guarantee period, the quality guarantee period shall apply instead of the two-year period.

Q2: Are the objections raised during the quality assurance period valid?

It's valid. According to Article 621 of the Civil Code of the People's Republic of China, if the subject matter has a quality guarantee period, the quality guarantee period shall apply, and the provision that the period for raising quality objections shall be two years from the date of receipt of the subject matter shall not apply. As long as the buyer raises quality objections within the quality guarantee period, the seller generally cannot refuse to assume responsibility on the grounds that the objection period has passed, but the buyer shall still provide evidence of the actual existence of the defects.

Q3: Does signing the delivery note mean that the goods have passed the acceptance inspection?

Not necessarily. According to Article 623 of the Civil Code of the People's Republic of China, if the parties have agreed on an inspection period, and the delivery note and confirmation form signed by the buyer indicate the quantity, model, and specifications, it is generally presumed that the buyer has inspected the quantity and appearance defects, unless there is sufficient evidence to the contrary. As for hidden defects, the act of signing the delivery note does not affect the buyer's right to make separate claims.

Q4: What evidence is needed to claim that the quality is not up to standard?

These usually include contracts and orders, delivery and receipt certificates, correspondence and notification records, inspection or appraisal reports, and usage and maintenance records. The party claiming that the quality does not conform to the agreement shall bear the burden of proof for the existence of defects; when necessary, the party may apply to the court to entrust a professional institution to conduct a quality appraisal, and the appraisal opinion is often a key basis for the determination of the facts.

Q5: If the objection period has passed, are there any other remedies available?

Yes. If the subject matter has a quality guarantee period, the claim should be made within the guarantee period; if the seller has committed fraud or concealed important defects, the buyer may claim to rescind the contract in accordance with Article 148 of the Civil Code of the People's Republic of China; if it constitutes a fundamental breach of contract that results in the failure to achieve the purpose of the contract, the buyer may also claim to rescind the contract and claim compensation for losses, but all of these require sufficient evidence to support them.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.